business is built upon a solid legal foundation. These documents will give you what a business leader needs to know in order
to build business and to avoid unpleasant legal surprises. These documents were written by Chris Koressis, B.Sc., B.C.L.,
LL.B, a Canadian business lawyer based in Toronto, Ontario, Canada. Having worked at three multinational companies (Royal
Bank, CIBC and Geac Computer Corporation), Chris Koressis has practical, hands-on experience on the legal and business risks,
and the opportunities, vital to the success of any company.
Your business may be subject to specific statutes, regulations
and conventions that are not dealt with in the particular document. But the document will give you significant information
to intelligently discuss the particular topic with your legal counsel. Email Chris.Koressis@Koressis.com
and request it now or get in online at legal articles.
Business in Canada
This overview of Canadian law provides a summary of what every business leader needs to know in
order to build business and to avoid unpleasant surprises. It will help both foreign companies entering Canada and existing
Canadian companies. Your particular businesses may be subject to specific statutes, regulations and conventions that are not
dealt with in this document. But this document will give you sufficient information to intelligently discuss your proposed
Canadian business with your Canadian business lawyer.
Good corporate governance and corporate
policies can improve the marketability of companies to investors, customers, employees and other stakeholders. Properly drafted
and well-communicated corporate policies can also serve as a defense to third party lawsuits and regulatory investigations.
If you are a Canadian business owner or manager or a Canadian business lawyer, you would be well advised to read this article
in light of the requirements of Sarbanes-Oxley.
Knowing how to go about negotiating
contracts with your employees, suppliers, customers and alliance partners is one of the most important things you need to
know to be a successful business. You need to be prepared with good contract negotiation strategies.
Changes to securities law in Canada coupled with changes to the Criminal Code bring Canada one step closer
to comparable laws in the United States such as Sarbanes Oxley. These laws apply to any company doing business in Canada.
All companies doing business in Canada must take steps to ensure that their policies and procedures do not lead to violation
of the Criminal Code. Public companies and "reporting issuers" doing business in Canada must also comply with the changes
in securties law. The new laws are similar to Sarbanes-Oxley, but compliance with Sarbanes-Oxley is not necessarily enough
to comply with the new laws. These laws are relevant not only to CEOs and CFOs but also to CIOs and their business lawyer
Privacy Law in Canada
Effective January 2004, privacy legislation imposed new obligations on all
companies doing business in Canada regardless of size. Do you know how this law will affect your company, or what you must
do to comply in relation to employees, customers and business partners? What information technology changes must a company
make? What policies and procedures must be in place? Does the law apply to data that is processed for a company by third parties?
Does a company have to designate a privacy compliance officer? Are there any civil and criminal sanctions for non-compliance?
Can individuals be held personally liable for the default of their employer or their company's business partners?
Down the Law
Contracts between a company and its employees, suppliers, customers, and business partners protect a
company in many ways. This article will give you some examples of why you need to cover your legal vulnerabilities so you
can keep building your business without the fear of legal liability. If you don't have solid contracts throughout your company's
supply chain, you are exposing your company to unlimited liability and decreasing the value of your company to prospective
investors and merger partners.
Outsourcing can help both early stage and well-established companies
reduce their costs. For later stage companies, outsourcing is analogous to selling part of a company (a divestiture) with
the option to buy it back in the future. Outsourcing is of interest to corporate executives and directors and to anyone that
manages a corporate budget.
Stock options have generated concern among regulators worldwide
primarily because companies fail to account for them properly. Nevertheless, stock options remain a very good way to motivate
your employees, whether in a private company or public company. Offering stock options helps companies retain top quality
employees even if they can't afford top level salaries. And qualified job seekers are attracted by companies that offer stock
options because stock options can increase rapidly in value after an IPO.
From Colonel Sanders'
secret recipe that makes it "Finger Licking Good", to the source code for Microsoft's Word, there is a trade secret in every
successful company. Knowledge of trade secret law is important in drafting appropriate Corporate Policies on Intellectual
Property and Business Ethics. It's also important in the context of Raising Capital, Buying or Selling a Business, and drafting
and negotiating commercial agreements such as Software License and Support Agreements, Software Development Agreements, Non-Disclosure
Agreements, Employment Agreements, Non-Competition Agreements and Consulting Agreements.
integration is one of the most complex information technology projects from the perspective of both the technology provider
and the customer. Combining hardware, software and services to produce a system that functions in accordance with the agreed
upon specifications is not an easy project to manage.
Software Development Agreements
This article reviews
some of the critical issues involved in negotiating win-win software development agreements.
is a power point presentation that reviews some of the issues involved in raising capital from a legal perspective.
Services - Six things Canadian business lawyers should tell you
This report is relevant to anyone who manages legal
services for a company as well as to business owners and individuals involved in commercial transactions or civil litigation
in Canada or anywhere in the world.
Koressis Legal Professional Corporation
Managing Partner: Chris Koressis